List of Canadian appeals to the Judicial Committee of the Privy Council, 1930–1939

This page lists all cases of the Judicial Committee of the Privy Council originating in Canada, and decided in the years 1930 to 1939.

From 1867 to 1949, the JCPC was the highest court of appeal for Canada (and, separately, for Newfoundland). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court.Debra Parks, Precedent Unbound? Contemporary Approaches to Precedent in Canada (Vancouver: UBC Allard Faculty Publications, 2007), p.3, at

The Parliament of Canada abolished appeals to the JCPC of criminal cases in 1933Criminal Code Amendment Act S.C. 1932–33, c. 53, s. 17 and civil cases in 1949.Supreme Court Amendment Act, S.C. 1949 (2nd. session), c. 37, s. 3 Ongoing cases that had begun before those dates remained appealable to the JCPC.Bora Laskin, The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law (London: Stevens & Sons, 1969), pp. 1–3, at The final JCPC ruling on a Canadian case was rendered in 1959, in Ponoka-Calmar Oils v Wakefield.

Case list Case name Citation Subject(Exact text from judgment) Judges(Author of decision in bold) Appeal allowed or dismissed On appeal from James Richardson and Sons, Limited and another v. The Ship "Robert J. Paisley" UKPC 5"The collision in question took place on , while the 'Saskatchewan', the appellants' vessel, was lying moored, outside ship in a tier, at a slip in a recessed area at the west side of Owen Sound. The 'Paisley' is a steel of 3,762 tons gross register, 3,130 net, 360 feet length, 50 feet beam, and 28 feet depth, registered in the United States; the 'Saskatchewan' is a steel of 1,860 tons gross register, 1,089 net, 266 feet long and of 38 feet beam. The Sound is a deep and narrow inlet of Lake Huron. It has natural advantages of situation and form for the heavy cargo traffic of the Great Lakes, and at the time in question was undergoing development as a harbour.Lord Sankey, Lord ChancellorLord MerrivaleLord AtkinLord ThankertonLord Russell of KillowenAppeal allowedSupreme Court of CanadaThe Attorney-General of British Columbia v. The McDonald Murphy Lumber Company, Limited UKPC 26"The controversy in this appeal relates to the validity of an enactment of the Legislature of the Province of British Columbia imposing a tax on timber cut within the Province."Lord BlanesburghLord MerrivaleLord TomlinLord Russell of KillowenLord MacmillanAppeal dismissedBritish Columbia Supreme CourtElizabeth Bethune Campbell v. William Drummond Hogg and others UKPC 39On Mr. James Bethune, K.C., died at Toronto, leaving his wife, Elizabeth Mary Bethune, one son, Charles, and four daughters surviving him. The children were then in infancy. Two of them have since died—Charles in , one of the daughters some years earlier. The three other daughters—who are now Mrs. Lindsay, Mrs. McDougald and Mrs. Campbell—are still living. Mrs. Campbell, the youngest of the three, is the present appellant.Lord BlanesburghLord TomlinLord Russell of KillowenAppeal allowedOntario Supreme Court (Appellate Division)Harold Ferguson Fishleigh and another v. The London Western Trusts Company, Limited and others UKPC 51"These appeals raise for decision questions of the true construction of the will and codicils and Thomas Saunders Hobbs. The testator was a bachelor. At the date of his will he had 5 sisters living of whom four were married, viz., Mrs. Field, Mrs. Ferguson, Mrs. Fishleigh and Mrs. Puddicombe. Mrs. Ferguson was the only married sister who had no children. Mrs. Fishleigh had 2 sons alive, viz., Ernest Claude Fishleigh and William Thomas Albert Fishleigh. In these circumstances the testator executed his will which bears date ."Viscount DunedinLord DarlingLord AtkinLord Russell of KillowenLord MacmillanAppeal allowed in part Ontario Supreme Court (Appellate Division)The Trustees of St. Luke’s Presbyterian Congregation of Saltsprings and others v. Alexander Cameron and others UKPC 54"Profiting by the experience of the Presbyterian Churches which united in Scotland in 1900 the Canadian churches which proposed to unite in 1925 adopted the safer course of invoking in advance the sanction of the legislature to their union. They have, nevertheless, not been entirely successful, as the present appeal shows, in avoiding the pitfalls which seem to lie in the path of all legislative efforts to deal with ecclesiastical affairs."Viscount DunedinLord BlanesburghLord DarlingLord AtkinLord MacmillanAppeal dismissedSupreme Court of CanadaWilliam Robert Patton v. The Toronto General Trust Corporation and others UKPC 61"The issue raised by this appeal is concerned with gifts of two annuities, one immediate and the other reversionary, made to the appellant by the will of his grandfather, William Robert Patton, formerly of the City Toronto. The Courts of Ontario have held – the Appellate Division, however, being equally divided on the question – that the appellant has lost both annuities by reason of his failure to comply with what the learned Judges have considered to be a condition precedent to the enjoyment of either – namely, that at the date of the testator’s will, or, alternatively, at the date of his death, the appellant should, amongst other things, have been and should have proved himself to be of the Lutheran religion. Hence this appeal by him."Viscount DunedinLord BlanesburghLord DarlingLord AtkinLord MacmillanAppeal allowedOntario Supreme Court (Appellate Division)T.H. Hancock v. The Imperial Bank of Canada UKPC 62"The appellant in this case is a gentleman who signed a letter of guarantee for advances to be made to the business of a Mr. Garlock. The action is one by the Bank, in whose favour he signed the letter of guarantee, for advances made. There is no question that the advances were made, and it cannot be disputed that upon the terms of the letter of guarantee itself those terms covered the advances."Viscount DunedinLord BlanesburghLord DarlingLord Russell of KillowenChief Justice AnglinAppeal dismissedOntario Supreme Court (Appellate Division)The Keewatin Power Company, Limited v. The Lake of the Woods Milling Company, Limited UKPC 67"The Lake of the Woods is an enormous expanse of water 1500 square miles in extent. It extends, however, over what is naturally a very flat country so that the outflow from it is not very rapid. The level of the lake naturally varies according to the conditions of rainfall which have prevailed over this large area. The natural outlets to the lake are only two in number which are denominated the western and eastern outlets."Viscount DunedinLord BlanesburghLord DarlingLord AtkinLord MacmillanAppeal dismissedOntario Supreme Court (Appellate Division)The Bank of Montreal v. The Dominion Gresham Guarantee and Casualty Company UKPC 69"This is an appeal from a judgment dated of the Supreme Court of Canada, whereby the Court by a majority reversed a judgment of the Court of King’s Bench in appeal and directed judgment for 7,565.61 dollars and costs in all Courts to be entered in favour of the present respondents against the present appellants."Lord Sankey, Lord ChancellorLord BlanesburghLord DarlingLord TomlinLord Russell of KillowenAppeal dismissedSupreme Court of CanadaThe Canadian Pacific Railway Company and others v. The Toronto Transportation Commission and others UKPC 70